Criticisms of corporations
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The notion of a legally sanctioned
corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
remains controversial for several reasons, most of which stem from the granting of corporations both limited liability on the part of its members and the status and rights of a
legal person In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for ...
. Some opponents to this granting of "personhood" to an organization with no personal liability contend that it creates a legal entity with the extensive financial resources to co-opt public policy and exploit resources and populations without any moral or legal responsibility to encourage restraint.


Divisions between labor, management, and owners

Adam Smith in ''
The Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', generally referred to by its shortened title ''The Wealth of Nations'', is the '' magnum opus'' of the Scottish economist and moral philosopher Adam Smith. First published in ...
'' criticized the joint-stock company corporate form because the separation of ownership and management could lead to inefficient management. The context for Adam Smith's term for "companies" in ''The Wealth of Nations'' was the joint-stock company. In the 18th century, the joint-stock company was a distinct entity created by the King of Great Britain as
Royal Charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but s ...
trading companies. These entities were sometimes awarded legal
monopoly A monopoly (from Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a speci ...
in designated regions of the world, such as the British
East India Company The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and South ...
. Furthermore, the context of the quote points to the complications inherent in chartered joint-stock companies. Each company had a Courts of Governors and day-to-day duties were overseen by local managers. Governor supervision of day-to-day operations was minimal and was exacerbated by the poor communications of the 18th century. Bribery and corruption were inherent in this type of corporate model because the local managers sought to avoid close supervision by the Courts of Governors, politicians, and Prime Ministers. In these circumstances, Smith did not consider joint-stock company governance to be honest. More importantly, the East India Company demonstrated inherent flaws in the corporate form. The division between owners and managers in a joint-stock company, and the limited legal liability this division was based on guaranteed that stockholders would be apathetic about a company's activities as long as the company continued to be profitable. Just as problematic, the laws of agency upon which the corporate form was based allowed for boards of directors to be so autonomous from and unconstrained by stockholder wishes that directors became negligent and ultimately self-interested in the management of the corporation.


Psychopathic behavior

Legal Scholar and Professor of Law at the
University of British Columbia The University of British Columbia (UBC) is a public research university with campuses near Vancouver and in Kelowna, British Columbia. Established in 1908, it is British Columbia's oldest university. The university ranks among the top thre ...
Joel Bakan Joel Conrad Bakan (born 1959) is an American-Canadian writer, jazz musician, filmmaker, and professor at the Peter A. Allard School of Law at the University of British Columbia. Born in Lansing, Michigan, and raised for most of his childhood in ...
describes the modern corporate entity as 'an institutional psychopath' and a 'psychopathic creature.' In the documentary '' The Corporation'', Bakan claims that corporations, when considered as natural living persons, exhibit the traits of antisocial personality disorder or
psychopathy Psychopathy, sometimes considered synonymous with sociopathy, is characterized by persistent antisocial behavior, impaired empathy and remorse, and bold, disinhibited, and egotistical traits. Different conceptions of psychopathy have bee ...
. Also in the film, Robert A. G. Monks, a former Republican Party candidate for Senate from
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and ...
, says: Writing for the
American socialist American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
publication '' Jacobin'', writer and sociologist Nicole Aschoff attributes the "unscrupulous" and "sometimes deadly" behavior of corporations to the "elevation of profit above all else," which she says is "a defining feature of
capitalism Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, priva ...
." She adds that "the catalog of the ethical and moral crimes of corporations is impressive":


Analogy with totalitarian regime

Noam Chomsky Avram Noam Chomsky (born December 7, 1928) is an American public intellectual: a linguist, philosopher, cognitive scientist, historian, social critic, and political activist. Sometimes called "the father of modern linguistics", Chomsky i ...
and others have criticized the legal decisions that led to the creation of the modern corporation: Chomsky contends that corporations transfer policy decisions out of the hands of the people and into corporate boardrooms, where public oversight is limited. The extensive financial resources of corporations and the extent to which they're employed to influence political campaigns in the United States has also been implicated as a way in which corporations undermine the democratic institutions in a society.


Reception

"No other institution in American history—not even slavery—has ever been so consistently unpopular...with the American public. It was controversial from the outset, and it has remained controversial to this day."
John D. Rockefeller John Davison Rockefeller Sr. (July 8, 1839 – May 23, 1937) was an American business magnate and philanthropist. He has been widely considered the wealthiest American of all time and the richest person in modern history. Rockefeller was ...
was one of the first to experience that paradox in a spectacular and personal way. By the last decade of the 19th century, Rockefeller found that he had become "the most hated man in the world." Around the middle of the 20th century, the economist
John Kenneth Galbraith John Kenneth Galbraith (October 15, 1908 – April 29, 2006), also known as Ken Galbraith, was a Canadian-American economist, diplomat, public official, and intellectual. His books on economic topics were bestsellers from the 1950s through t ...
noted that the corporate businesses which foreign visitors came to see and marvel at, as "showpiece of American industrial achievement," were the very same ones that government attorneys scrutinized in their search for monopolistic wrongdoing.John Kenneth Galbraith. ''American Capitalism''. NY, 1956. p. 91.


See also

* Multinational corporation#Criticism of multinationals * Big business#Criticism of big business *
Corporate crime In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals acting on behalf of a corpo ...
*
Evil corporation An evil corporation is a trope in popular culture that portrays a corporation as ignoring social responsibility, morality, ethics, and sometimes laws in order to make profit for its shareholders. In rare cases, the corporation may be well intenti ...


References

{{Reflist, 2


External links


CorpWatch
a corporation watchdog organisation Corporations Global issues